Terms

Mood Tracker - TERMS OF USE/DISCLAIMER
PACE APPS INC.

Access to and the use of the Mood Tracker mobile application (the “App”) developed by Pace Apps Inc. (the “Developer”) is subject to the following terms and notices. By installing and using the App, you are acknowledging that you have read the following disclaimers and terms of use (the “Terms”) regarding the App and that you have agreed to said Terms. If you do not agree with any of the foregoing Terms, PLEASE DELETE THE APP FROM YOUR DEVICE IMMEDIATELY AND DO NOT ACCESS OR USE THE APP.

The Developer reserves the right to change these Terms from time to time and also reserves the right to change the App by adding or removing features or charging for its use. If the Developer begins to charge for any use of the App that currently does not require a charge for use, you will not be charged until the Developer obtains your consent to pay any fees.

RESTRICTIONS ON USE OF MATERIALS

The App and its contents are the property of the Developer or its licensors, and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws. The Developer grants you an individual license to download, display or use the App and its contents solely via the App made available to you on your personal electronic device.  This license is for personal, non-commercial and educational 2purposes only.  You cannot use the App in connection with any commercial enterprise unless you obtain the Developer’s consent in advance.  You are not permitted to alter the App or any contents of the App. No other use is permitted and all other rights not expressly granted in these Terms are reserved.  Nothing contained herein shall be construed as conferring any right under any copyright of the Developer or any other person who owns the copyright in the content provided on the App.  Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any content from the App, including without limitation by framing, caching or other similar means, without the prior written consent of the Developer and, if applicable, the copyright owner of such content. All trademarks and trade names are trademarks or registered trademarks of the Developer or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on the App does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.

You hereby agree to use the App in accordance with these Terms and all applicable laws and regulations. In using the App, you expressly agree that you will not: (i) impersonate another person or log into an account which you are not authorized to access; (ii) use or attempt to use another user’s account without express authorization from that user and the Developer; (iii) use the App in any manner that could damage, disable, or impair the functioning of the App, including with respect to the Developer’s network or network security; (iv) reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App; (v) collect or store personal information about other users; or (vi) develop or use any third-party applications that interact with the App or Services without the Developer’s prior written consent, including any scripts designed to scrape or extract data from the App.

 YOUR ACCOUNT AND ACCOUNT USE

If your use of the App requires the creation of an account identifying you as a user of the App (an "Account"), then you are solely responsible for: (i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and (ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission. You agree that you will not share any passwords related to your Account with any other person, and  the Developer bears no responsibility for any loss, liability, or damage that you may suffer as a result of, or arising out of, you sharing any passwords related to your Account with any other person. 

You agree to immediately notify the Developer if you become aware of: (i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account; or (ii) any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to the Developer, as requested, to stop or remedy any breach of security related to your Account. 

LEGAL DISCLAIMER

The use of any information provided by the App is solely at your own risk. The App and the Developer take no responsibility and hold no liability whatsoever for any loss, liability, claim, demand, damages, expenses, or costs arising out of or related to your reliance on any data displayed within the App or any information provided by the App. 

The Developer makes no representations regarding the amount of time that any content provided by you will be preserved, whether on the App or on the Developer’s servers.  

PROFESSIONAL INFORMATION DISCLAIMER

The App and its contents may contain certain facts, opinions, views, statements, recommendations, and information which may be provided by third parties including but not limited to third parties in professional fields such as law, accounting, financial planning, investments, and other finance related areas and other professional fields ("Professional Information"). Such information is for entertainment purposes only and is not to be used or construed as providing or as a substitute for professional advice. Use of the App does not replace consultations with qualified legal, accounting, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date when provided. You acknowledge that any reliance on such Professional Information is at your sole risk and that the Developer does not provide you with or endorse any tax, legal, accounting, investment or other professional advice or advocate the purchase or sale of any security or investment. You further acknowledge that you are solely responsible for your own research and decisions, including without limitation income reporting decisions. You agree that the Developer shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred as a result of, or in connection with the use of, or reliance on, any Professional Information.

LINKS TO THIRD PARTY SITES

The App may contain hyperlinks to sites that are not a part of the App.  The inclusion of any link does not imply endorsement by Pace Apps Inc. of the site. If you decide to visit any linked site, you do so at your sole risk and responsibility.  PACE APPS INC. ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE APP WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.

THIRD PARTY ADVERTISEMENTS

Third party advertisers ("Advertisers") may offer goods, services and other materials to you on the App. Descriptions of, or references to, products or publications within the App do not imply endorsement of that product or publication. Your correspondence and business dealings with Advertisers or other third parties including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings are solely between you and the Advertiser or other third party. You agree that the Developer will not be responsible or liable for any loss, damage or harm of any sort incurred as the result of or related to any such dealings or the offering of such goods, services and other materials on the App.  Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

STORAGE OF INFORMATION AND PRIVACY

The Developer may opt to store the information provided by you on the App on an online server or other cloud storage server (the “Server”). By using the App, you agree that you have consented to the storage of your information on the Developer’s Server. While the Developer will take all reasonable precautions to keep your information secure, the Developer will bear no liability whatsoever in the event of a breach of the Developer’s Server, or any other act that compromises the security of the information stored on the Developer’s Server. 

How the Developer collects, uses, and discloses the information that you have provided via the App, including your account information (the “Information”), will be governed by the Mood Tracker Privacy Policy located at https://www.paceapps.ca/moodtracker/terms which is hereby incorporated by reference. 

The Developer shall not disclose the Information you have provided via the App other than as provided in the Mood Tracker Privacy Policy or as required by any order of any court of proper jurisdiction or any law or regulation, including but not limited to the USA Patriot Act, Public Law 107-56. By continuing to use the App, you hereby agree that the Developer will not be in breach of any confidentiality obligations contained in these Terms if required to disclose any Information by law, regulation, or order of any court of proper jurisdiction. 

JURISDICTION AND GOVERNING LAW

The App is controlled and operated by the Developer, who is located in the Province of Alberta, Canada. If you choose to access this App from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms are governed by Alberta law, without giving effect to any principles of conflicts of law. You agree that any formal legal dispute arising out of or in connection with these Terms or the App shall be filed only in the provincial or federal courts located in Alberta, Canada and hereby submit to the exclusive jurisdiction of such courts. You also agree that, to the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.

USER CONTROL AND UNINSTALL

You can access and change certain user settings using the functionality of your mobile device. Uninstallation methods will vary depending on your device. For further information on user settings or uninstallation or if you have other questions or concerns about the App or these Terms, please consult your device manual for reference or contact us.

REPRESENTATIONS AND WARRANTIES

The App is intended only for access and use by individuals who are over the age of majority in their applicable jurisdiction, and individuals who are under the age of majority in their applicable jurisdiction (“minors”) are prohibited from accessing and using the App. By accessing and using the App, you represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to the Developer is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; and (iv) you are not located in any country that is subject to a U.S. or Canadian Government embargo or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DEVELOPER IS PROVIDING THE APP ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE APP, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED.  THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTION OF THE APP OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE FREE FROM SECURITY BREACHES. 

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE DEVELOPER BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP, ITS CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL THE DEVELOPER’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR USING THIS APP; OR (II) 100 CANADIAN DOLLARS.  YOU SHOULD ALSO BE AWARE THAT E-MAIL AND OTHER SUBMISSIONS OVER THE INTERNET MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS RISK BEFORE E-MAILING THE DEVELOPER.

FURTHERMORE, BY USING THE APP, YOU EXPRESSLY RELEASE AND INDEMNIFY (ON A SOLICITOR-CLIENT BASIS) THE DEVELOPER FROM ANY LOSS OR LIABILITY RELATED TO ANY ASSESSMENT OR REASSESSMENT FOR TAXES, INCLUDING INCOME SALES OR ANY OTHER TAX THAT MAY BE LEVIED AGAINST YOU BY ANY TAXATION AUTHORITY OR GOVERNMENTAL AGENCY OR AUTHORITY.

You expressly acknowledge that the Developer has relied on the disclaimers, limitations, and exclusions of liability set out in these Terms in making the App available to you, and that these disclaimers, limitations, and exclusions of liability are an essential part of this agreement between you and the Developer.

MISCELLANEOUS

If any provision of these Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the Developer. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

The failure of the Developer to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, provincial or municipal governmental authorities or for any other reason beyond the reasonable control of the Developer shall not be deemed a breach of these Terms.

These Terms, including all terms, policies, and guidelines referenced in these Terms, are the entire agreement between you and the Developer concerning the App. These Terms supersede all prior agreements or communications between you and the Developer regarding the subject matter of these Terms.

ADDITIONAL TERMS APPLICABLE ONLY TO iOS USERS 

These additional terms are applicable to you only if you have downloaded the App from the Apple App Store. You and the Developer acknowledge that these Terms are between you and the Developer only, and not with Apple. The Developer, not Apple, is solely responsible for the App and its contents, and only to the extent provided in these Terms. You are only licensed to use the App on Apple-branded devices running iOS that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish maintenance and support services with respect to the App. Apple is not responsible for addressing any claims of the end-user or any third party relating to the App or the end-user’s possession and/or use of the App. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and the Developer agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.

CONTACT

If you have any questions regarding the App, and/or these Terms, you can contact the Developer at support@paceapps.ca.